Executive Order?Protecting the Nation from Terrorist Attacks by Foreign Nationals

EXECUTIVE ORDER

PROTECTING THE NATION FROM TERRORIST ATTACKS BY FOREIGNNATIONALS

By the authority vested in me as President by the Constitution and laws of the UnitedStates of America, including the Immigration and Nationality Act (8 U.S.C. 1001 et seq.)(INA), and section 301 of title 3, United States Code, and to protect the American peoplefrom terrorist attacks by foreign nationals admitted to the United States, it is herebyordered as follows:

Section 1. Purpose. The visa-issuance process plays a crucial role in detectingindividuals with terrorist ties and stopping them from entering the United States. Perhapsin no instance was that more apparent than with the terrorist attacks of September 11,2001, when State Department policy prevented consular of?cers from properlyscrutinizing the visa applications of several of the 19 foreign nationals who went on tomurder nearly 3,000 Americans. And while the visa-issuance process was reviewed andamended after the September 11 attacks to better detect would-be terrorists fromreceiving visas, these measures did not stop attacks by foreign nationals who were[admitted to the United States.

Hundreds of foreign-born individuals have been convicted or implicated in terrorism-related crimes since September 11, 2001, including foreign nationals who entered theUnited States after claiming asylum; after receiving visitor, student, or employment visas;or through the US. refugee resettlement program. Deteriorating conditions in certaincountries due to war, strife, disaster, and civil unrest increase the likelihood that terroristswill use any means possible to enter our country. The United States must be vigilantduring the visa?issuance process to ensure that those approved for admission do notintend to harm Americans and that they have no ties to terrorism.

In order to protect Americans, we must ensure that those admitted to this country do notbear hostile attitudes toward our country and its founding principles. We cannot, andshould not, admit into our country those who do not support the US. Constitution, orthose who would place violent religious edicts over American law. In addition, theUnited States should not admit those who engage in acts of bigotry and hatred (including?honor? killings, other forms of violence against women, or the persecution of those whopractice other religions) or those who would oppress members of one race, one gender, orsexual orientation.

Sec. 2. Policy. It is the policy of the United States to: protect our citizens from foreignnationals who intend to commit terrorist attacks in the United States; and

prevent the admission of foreign nationals who intend to exploit United Statesimmigration laws for malevolent purposes.

Sec. 3. Suspension of Issuance of Visas and Other Immigration Bene?ts to Nationals ofCountries ofPartieuZar Concern. The Secretary of Homeland Security, inconsultation with the Secretary of State and the Director of National Intelligence, shallimmediately conduct a review to determine the information needed from any country foradjudication of any visa, admission, or other bene?t under the INA (adjudications)adequate to determine that the individual seeking the benefit is who the individual claimsto be and is not a security or public-safety threat.

The Secretary of Homeland Security, in consultation with the Secretary of State andthe Director of National intelligence, shall submit to the President a report on the resultsof the review described in subsection including the Secretary of Homeland Security?sdetermination of the information needed for adjudications and a list of countries that donot provide adequate information, within 30 days of the date of this order (excludingthose foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organizationvisas, and visas for travel to the United Nations). The Secretary of HomelandSecurity shall provide a copy of the report to the Secretary of State and Director ofNational intelligence.

To temporarily reduce investigative burdens to relevant agencies during the reviewperiod described in subsection of this section, to ensure-the prOper review andmaximum utilization of available resources for the screening of foreign nationals, and toensure that adequate standards are established to prevent the terrorist or criminalin?ltration of foreign nationals, pursuant to section 212(f) of the I hereby find thatthe immigrant and nonimrnigrant entry into the United States of aliens from countriesdesignated pursuant to Division 0, Title II, Section 203 of the 2016 consolidatedAppropriations Act (HR. 2029, PL. 114-113), would be detrimental to the interests ofthe United States, and I hereby suspend entry into the United States, as immigrants andnonimmigrants, of such persons for 30 days from the date of this order.

Immediately upon receipt of the report described in subsection of this sectionregarding the information needed for adjudications, the Secretary of State shall request allforeign governments that do not supply such information to start providing suchinformation regarding their nationals within 60 days of notification.

After the 60?day period described in subsection of this section expires, theSecretary of Homeland Security, in consultation with the Secretary of State, shall submitto the President a list of countries recommended for inclusion on a Presidentialproclamation that would prohibit the entry of foreign nationals (excluding those foreignnationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, and C-2 visas for travel to the United Nations) from countries that do not provide theinformation requested pursuant to subsection of this order until compliance occurs.

At any point after submitting the list described in subsection of this section, theSecretary of State or the Secretary of Homeland Security may submit to the President thenames of any additional countries recommended for similar treatment.

Notwithstanding a suspension pursuant to subsection of this section or pursuant toa Presidential proclamation described in subsection of this section, the Secretaries ofState and Homeland Security may, on a case-by-case basis, and when in the nationalinterest, issue visas or other immigration benefits to nationals of countries for which visasand bene?ts are otherwise blocked.

The Secretaries of State and Homeland Security shall submit to the President a jointreport on the progress in implementing this order within 30 days of the date of this order,a second report within 60 days of the date of this order, a third report within 90 days ofthe date of this order, and a fourth report within 120 days of the date of this order.

See. 4. Implementing Uniform Screening Siandardsfor all Immigration Programs. The Secretary of State, the Secretary of Homeland Security, the Director of NationalIntelligence, and the Director of the Federal Bureau of Investigation shall implement aprogram during the adjudication process for immigration bene?ts to identify individualsseeking to enter the United States on a fraudulent basis, with the intent to cause harm, orwho are at risk of causing harm subsequent to their admission . This program will includethe development of uniform screening standards and procedures, such as in?personinterviews; the creation of a database of identity documents proffered by applicants toensure that duplicate documents are not used by multiple applicants; amended applicationforms that include questions aimed at identifying fraudulent answers and maliciousintent; a mechanism to ensure that the applicant is who the applicant claims to be; aprocess to evaluate the applicant?s likelihood of becoming a positive contributingmember of society, and the applicant?s ability to make contributions to the nationalinterest; and, a mechanism to assess whether or not the applicant has the intent to commitcriminal or terrorist acts after entering the United States.

The Secretary of Homeland Security, in conjunction with the Secretary of State,Director of National Intelligence, and the Director of the Federal Bureau of Investigation,shall submit to the President an initial report on the progress of this directive within 60days of the date of this order, a second report within 100 days of the date of this order,and a third report within 200 days of the date of this order.

See. 5. Realignment ofihe US. Refugee Admissions Program for Fiscal Year 20] 7. The Secretary of State shall suspend the US. Refugee Admissions Program (USRAP) for120 days. During the 120-day period, the Secretary of State, in conjunction with theSecretary of Homeland Security, shall review the USRAP application and adjudicationprocess to determine what additional procedures can be taken to ensure that thoseapproved for refugee admission do not pose a threat to the security and welfare of theUnited States, and shall implement such additional procedures. Refugee applicants whoare already in the USRAP process may be admitted upon the initiation and completion ofthese revised procedures. Upon the date that is 120 days after this order, the Secretary of

State shall resume USRAP admissions only for nationals of countries for whom theSecretary of Homeland Security, the Secretary of State, and the Director of NationalIntelligence have jointly determined that suf?cient safeguards are in place to ensure thesecurity and welfare of the United States.

Upon the resumption of USRAP admissions, the Secretary of State, in consultationwith the Secretary of Homeland Security, is further directed to make changes, to theextent permitted by law, to prioritize refugee claims made by individuals on the basis ofreligious-based persecution, provided that the religion of the individual is a minorityreligion in the individual?s country of nationality. Where necessary and appropriate, theSecretaries of State and Homeland Security shall recommend legislation to the Presidentto assist with such prioritization.

The Secretaries of State and Homeland Security, as appropriate, shall cease refugeeprocessing of and the admittance of nationals of Syria as refugees until such time as Ihave determined that suf?cient changes have been made to the USRAP to ensure itsalignment with the national interest.

Notwithstanding any previous Presidential determination regarding the number ofrefugee admissions for Fiscal Year 2017, the Secretaries of State and Homeland Securitymay only process and admit a total of 50,000 refugees during Fiscal Year 2017. Duringthe 120-day suspension provided by section the Secretary of State and the Secretaryof Homeland Security shall initiate appropriate consultations in connection with thisdetermination, including with respect to the allocation among refugees of specialhumanitarian concern to the United States.

Notwithstanding the temporary suspension imposed pursuant to subsection of thissection, the Secretaries of State and Homeland Security may admit individuals to theUnited States as refugees on a case-by?case basis when in the national interest. Further,during the temporary suspension period described in subsection the Secretaries ofState and Homeland Security may continue to process as refugees those refugee claimsmade by individuals on the basis of religious-based persecution, provided that thereligion of the individual is a minority religion in the individual?s country of nationality.

The Secretary of State shall submit to the President an initial report on the progress ofthe directive in subsection of this section regarding prioritization of claims made byindividuals on the basis of religious-based persecution within 100 days of the date of thisorder and shall submit a second report within 200 days of the date of this order.

See. 6. Establishment of Safe Zones to Protect Vulnerable Syrian Populations. Pursuantto the cessation of refugee processing for Syrian nationals, the Secretary of State, inconjunction with the Secretary of Defense, is directed within 90 days of the date of thisorder to produce a plan to provide safe areas in Syria and in the surrounding region inwhich Syrian nationals displaced from their homeland can await firm settlement, such asrepatriation or potential third-country resettlement.

Sec. 7. Rescission ofExercise of A uthority Relating to the Terrorism Grounds ofInadmissibility. The Secretaries of State and Homeland Security shall, in consultationwith the Attorney General, consider rescinding the exercises of authority in section 212of the INA relating to the terrorism grounds of inadmissibility, as well as any relatedimplementing memoranda. .

Sec. 8. Expedited Completion of the Biometric Entry?Exit Tracking System. TheSecretary of Homeland Security shall expedite the completion and implementation of abiometric entry?exit tracking system for all travelers to the United States, asrecommended by the National Commission on Terrorist Attacks Upon the United States.

The Secretary of Homeland Security shall submit to the President periodic reports onthe progress of the directive contained in subsection of this section. The initial reportshall be submitted within 100 days of the date of this order, a second report shall besubmitted within 200 days of the date of this order, and a third report shall be submittedwithin 365 days of the date of this order. Further, the Secretary shall submit a reportevery 180 days thereafter until the system is fully deployed and operational.

Sec. 9. Visa Interview Security. The Secretary of State shall immediately suspend theVisa Interview Waiver Program and ensure compliance with section 222 of the INA,which requires that all individuals seeking a nonimmigrant visa, undergo an in-personinterview, subject to speci?c statutory exceptions.

To the extent permitted by law and subject to the availability of apprOpriations, theSecretary of State shall immediately expand the Consular Fellows Program, including bysubstantially increasing the number of Fellows, lengthening or making permanent theperiod of service, and making language training at the Foreign Service Institute availableto Fellows for assignment to posts outside of their area of core linguistic ability, to ensurethat non?immigrant visa interview wait times are not unduly affected.

Sec. 10. Visa Validity Reciprocity. The Secretary of State shall review all nonimmigrantvisa reciprocity agreements to ensure that they are, with respect to each visaclassi?cation, truly reciprocal insofar as practicable with respect to validity period andfees, as urged by sections 221(c) and 281 of the INA, and other treatment. If a countrydoes not treat U.S. nationals seeking nonimmigrant visas in a reciprocal manner, theSecretary of State shall adjust the visa validity period, fee schedule, or other treatment tomatch the treatment of US. nationals by the foreign country, to the extent practicable.

Sec. 11. Transparency and Data Collection. To be more transparent with the Americanpeople, and in order to more effectively implement policies and practices that serve thenational interest, the Secretary of Homeland Security shall, consistent with applicablelaw, collect and make publicly available within 180 days, and every 180 days thereafter:

information regarding the number of foreign-born individuals in the United Stateswho have been charged with terrorism-related offenses; convicted of terrorism-relatedoffenses; or removed from the United States based on terrorism-related activity,

af?liation, or material support to a terrorism-related organization, or any other nationalsecurity reasons;

information regarding the number of foreign-born individuals in the United Stateswho have been radicalized after entry into the United States and engaged in terrorism-related acts, or who have provided material support to terrorism-related organizations incountries that pose a threat to the United States; and

information regarding the number and types of acts of gender-based violence againstwomen or honor killings by foreign-bom individuals in the United States.

Sec. 12. General Provisions. Nothing in this order shall be construed to impair orotherwise affect:

the authority granted by law to an executive department, agency, or the headthereof; or

(ii) the functions of the Director of the Of?ce of Management and Budget relatingto budgetary, administrative, or legislative proposals.

This order shall be implemented consistent with applicable law and subject to theavailability of appropriations.

This order is not intended to, and does not, create any right or bene?t, substantive orprocedural, enforceable at law or in equity by any party against the United States, itsdepartments, agencies, or entities, its of?cers, employees, or agents, or any other person.